HomeMy WebLinkAbout25 - Tidelands Management Committee and the Harbor Commission: Discussion of Consolidation or Other ChangesCTY OF
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NEWPORT BEACH
" City Council Staff Report
May 26, 2015
Agenda Item No. 25
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager — (949) 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager
PHONE: (949) 644 -3002
TITLE: Tidelands Management Committee and the Harbor Commission: Discussion of
Consolidation or Other Changes
ABSTRACT:
Council Member Duffield has asked that the City Council discuss possible changes to the jurisdictions /roles
of the Tidelands Management Committee and the Harbor Commission to see if duplication can be avoided.
RECOMMENDATION:
a) Discuss and agree upon any possible changes to the Tidelands Management Committee and the
Harbor Commission, including dissolution if applicable; and
b) If applicable, direct staff to return to the Council with a resolution(s) making any changes.
FUNDING REQUIREMENTS:
Not applicable.
DISCUSSION:
The 7- member Harbor Commission (HC) was created in January 2002 as a more formal body from a
"Harbor Committee" which was an offshoot of the then -named Harbor Quality Committee. Members of the
Harbor Committee and the City Council felt at the time that it was appropriate to set up a formal
commission that might improve administration of the Harbor, including improving the boating experience,
amenities, and serving as an appellate body to the Harbor Resources Division's decisions.
The 3- member Tidelands Management Committee (TMC) was created in April 2013 in large part to
effectively and publicly plan for large tidelands - related capital needs, like new dredging projects, sea wall
repair and sea level rise protection, and harbor amenities. Council Members at the time thought that a
public body made up of three Council Members with a seven member "Citizens Advisory Panel" would
provide a deeper and more thorough look at capital needs as well as ways to design, permit, fund, and
construct the improvements. The "Tidelands Capital Plan" (TCP) is an outgrowth of the TMC's work, and
functions today as one of the City's several master plans that guide our capital expenditures.
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Council Member Duffield has noted similarities between the work of the HC and the TMC. He also has
noted that the experience and wisdom of the members of the HC may be underutilized. The similarities
include:
• Advising the City Council as to aspects of the TCP.
• Advising the City Council as to harbor - related improvements.
• Geographic jurisdiction over Lower Newport Bay /Newport Harbor.
Attachment A contains a brief summary of the specifics of the TMC and the HC, including areas where they
may overlap (overlap areas shown in light blue).
The Council may consider various alternative approaches:
Merge all or portions of the duties of the TMC into the HC.
2. Provide other opportunities for the Harbor Commission to use its expertise, such as advising the City
staff and City Council as to recommended expenditure priorities for the harbor's capital and operations. Mr
Duffield suggested having the Commission annually draft a proposed capital plan for the harbor, similar to
the work that staff does today, for later Council consideration within the Capital Improvement Plan for the
City.
3. Make no changes
Staff would emphasize that one of the distinctions between the two groups is non - harbor tidelands. The
ocean beaches and piers, as well as filled tidelands and the areas of the Upper Bay outside of CA
Department of Fish and Wildlife jurisdiction have issues somewhat different from the Harbor. The Council
may wish to consider how to best address these areas should the TMC be consolidated with the Harbor
Commission.
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This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060
(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Comparing Harbor Commission and TMC
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City Charter?
Purpose /Responsibilities
Geographic territory:
ATTACHMENT A
the Tidelands Management Committee and the Harbor Commission
Tidelands Management Committee i Harbor Commission
3. 20131Resolution 2013 -351 IJanuary 8. 200210rd 2001 -25 then Ord 2013-
Paul Blank= Member of HC and TMC CAP
Don Laurent = Former HC member, current TMC CAP member
John Corrough = Former HC member current TMC CAP member
Finance, Harbor Resources /Public Works, City Manager, City
Attorney
Harbor Resources /Public Works, City Attorney as needed.
Indefinite
Indefinite
Yes
Yes
No, established by Resolution
No, established by Ordinance
1- Recommendations to Council regarding the Tidelands Capital Plan
(TCP)
1- Advisethe city council on the Implementation dassigned parts ofthe
TCP, including dredging priorities, in-bay beach sand pdorities, and harbor
amenities.
2 - Advise the CC on harbor - related Improvements.
3 - Approve /disapprove Harbor Permits
4 - Appellate body for City Manager's decisions re harbor permits /leases
where NBMC assigns authority to HC
5 - Advise the PC and CC on land use and development applications
referred to the HC
6 - Advise CC re: use, control, operation, promotion of all vessels and
watercraft in NH
7 - Recommend to the CC regulations and programs needed for the
ongoing implementation of the goals, objectives, and policies of the
Harbor and Bay Element, the HAM P, and the TCP.
2 - Recommendations to Council regarding large tidelands capital needs
"outside of the Harbor Commission's and Water Quality committee
purview, such as sea level rise."
3 - Convene a 7- member citizens advisory panel.
4 - Other duties as assigned by Council.
All Tidelands, including:
Some Tidelands and some private /County areas, including:
- Lower Bay /Newport Harbor
- Lower Bay /Newport Harbor
-Ocean beaches, ocean piers
- Semincuk Slough
- Non -Water Tidelands (Beacon Bay, Bay Club Apts)
- Upper Bay to CFWS UNB Ecological Reserve
Light blue indicates areas where there may be some duplication.
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